Central Administrative Tribunal - Cuttack
Saraswati Pradhan vs South Eastern Railway on 25 July, 2024
1 O.A.No. 260/00634 of 2022
CENTRAL ADMINISTRATIVE TRIBUNAL
CUTTACK BENCH, CUTTACK
O.A.No. 260/00634 of 2022
Reserved on 15.07.2024 Pronounced on 25.07.2024
CORAM:
THE HON'BLE SHRI SUDHI RANJAN MISHRA, MEMBER (J)
THE HON'BLE SHRI PRAMOD KUMAR DAS, MEMBER (A)
Saraswati Pradhan, W/o Late Jaya @ Jaya Pradhan,
aged about 53 years, At-Dahapada, PO- Dahapada, Dist-
Balasore, Odisha, PIN- 756003.
......Applicant
VERSUS
1. Union of India represented through its General
Manager, South Eastern Railway, Garden Reach,
Kolkata - 43.
2. The Divisional Railway Manager, S.E.Railway At-
Kharagpur, PO- Kharagpur, Dist- Paschim Medinipur,
West Bengal, PIN 721301.
3. The Sr. Divisional Personnel Officer, S.E.Railway At-
Kharagpur, PO- Kharagpur, Dist- Paschim Medinipur,
West Bengal, PIN 721301.
4. The Divisional Account Officer, S.E.Railway At-
Kharagpur, PO- Kharagpur, Dist- Paschim Medinipur,
West Bengal, PIN 721301.
......Respondents
For the applicant : Mr. C.Jena, Counsel
For the respondents: Mr. S.S.Patra, Counsel
2 O.A.No. 260/00634 of 2022
O R D E R
PRAMOD KUMAR DAS, MEMBER (A):
The case of the applicant, as submitted by Ld. Counsel for the applicant, is that her husband working as Ex-Mate under the SSE/P.Way/BLS/SER died in harness on 29.07.1999. Applicant was sanctioned family pension vide PPO No. Pen/SE/KGP/BK-10/P- 102/PF/SE/14155 dated 29.12.2004 (A/1). As per the recommendation of the 5th CPC and Railway Board's letter No. PC- V/98/1/7/1/1 dated 21.04.1999 (A/2), railway pensioners/family pensioners, who are residing outside the city/town/municipality limits of places were railway hospitals/health units/lock up dispensaries is not situated, are entitled to fixed medical allowance @ Rs. 100/- p.m. (at present Rs. 1000/-) subject to fulfillment of prescribed conditions. It is submitted that as per Railway Board's Circular dated 21.04.1999, the railway pensioners/family pensioners who are governed by any of the Retired Employees Health Schemes and whose residence is beyond 2.5 km is eligible to get fixed medical allowance if they do not avail OPD facility from Railway Hospital. Since the applicant is fulfilling all the prescribed conditions, it is submitted that she is entitled for Fixed Medical 3 O.A.No. 260/00634 of 2022 Allowance and arrears since 30.07.1999. Accordingly, this OA has been filed with the said prayers.
2. Respondents by filing counter in the case have submitted that the husband of the applicant was working as Ex-Mate under the SSE/P.Way/BLS/SER and died on 29.07.1999. After his death, applicant by filing claim papers claimed settlement dues of the deceased employee but neither opted for medical facilities under the health scheme of RELHS-1997 nor submitted claim form with requisite documents for being eligible for Fixed Medical Allowance. After receipt of her representation dated 28.07.2019, she was advised vide letter dated 02.09.2019 (A/4) to submit requisite documents for consideration of her case. Since no document was submitted by her, she was again advised vide letter dated 08.07.2020 to submit required documents. In pursuance of the order dated 28.09.2021 of this Tribunal in OA 420/2021 filed by the applicant, representation of the applicant dated 28.07.2019 was considered and Fixed Medical Allowance @ 1000/- per month has been paid to her w.e.f. 28.07.2019, i.e. the date of her application, vide letter dated 07.11.2022. Hence, Ld. Counsel for the respondents prays for dismissal of this OA.
4 O.A.No. 260/00634 of 2022
3. Ld. Counsel for the applicant, on the other hand, submits that at the time of sanction of family pension, applicant was not intimated about the rules regarding medical facilities available to the widow of the deceased employee and for that she could not submit necessary declaration for payment of Fixed Medical Allowance. Further, as soon as she came to know about such scheme, she submitted application on 28.07.2019. It is submitted by him that since granting Fixed Medical Allowance is a benevolent scheme for pensioners/family pensioners, the same should not be denied on technicality. Ld. Counsel for the applicant relying on the decision of this Bench in OA 475/2023 (Smt. Banabasi Sinha Vs. UOI & Ors) dated 03.07.2024 submits that in a similar case as that of the applicant, this Tribunal has already granted relief to Smt. Banabasi Sinha. Further, this Tribunal in similar case, i.e. in OA 40/2022, also directed the respondents to grant FMA from the date of eligibility. Hence, he has prayed for the relief claimed in this OA.
4. The Fixed Medical Allowance was introduced in the Railways vide RBE No. 65/99, relevant portion of which is as under:
"XXXXX
3. The benefits of Medical Allowance shall be available only to Railway Pensioners/family pensioners, and shall not be admissible to those who have retired under Contributory Provident Fund Scheme. Grant of the 5 O.A.No. 260/00634 of 2022 benefit will be further subject to the condition that the concerned pensioners are eligible for medical facilities after retirement under any of the existing Health care schemes in the Railways. Actual enrolment under such a scheme shall not, however, be a pre-requisite.
4. Existing pensioners as well as the future retirees shall have to exercise one time option in the prescribed form (Annexure 1) to avail of medical facilities at OPD of Railway Hospitals or to claim fixed medical allowance of Rs. 100 p.m. In the case of future retirees, the option in the prescribed form for availing the benefit of Medical Allowance shall be obtained by the concerned Head of Office along with other pension papers and necessary authorisation for payment of Medical Allowance included in both halves of the Pension Payment Order itself. In the case of existing pensioners, the pension disbursing authority shall obtain the option and the Undertaking in the form placed at Annexure I. Based on these, the Pension Disbursing Authority shall authorise payment of Medical allowance @ Rs. 100 per month. The fact whether the pensioner/family pensioner has opted for Medical Allowance or not shall be prominently endorsed by the Pension Disbursing Authority on both halves of the PPO. In other words, the Pension Disbursing Authority shall make an appropriate endorsement on the PPO irrespective of whether the pensioner/family pensioner opts for the benefit of Medical Allowance or not.
XXXXXX
9. The grant of Medical Allowance is intended to meet expenditure on day to day medical expenses that do not require hospitalization. Those opting for the facility of Medical Allowance shall, therefore, not be entitled to receive treatment as Outdoor Patients. However, pensioners who are members of any of the existing Health Care Schemes for retired Railway employees, will not be debarred from receiving treatment for chronic 6 O.A.No. 260/00634 of 2022 illness requiring specialized investigations or long treatment for chronic diseases, even if such treatment is received on outpatient basis."
5. Further, it would be relevant to quote RBE NO. 168/2009 where clarification was issued for grant of fixed medical allowance:
"Subsequent to the issue of Board's letter No. PC- V/98/1/7/1/1 dated 7-2-2008, references were received from pensioners/family pensioners and banks seeking clarification as to whether those pensioners/family pensioners who are members of RELHS and availing OPD facility are also eligible for the Fixed Medical Allowance.
2. The matter has been examined and in reference to the Board's letter dated 7-2-2008 ibid, it is clarified that since actual enrolment under the Health Scheme is not mandatory, those pensioners/family pensioners who, in terms of Board's letter No.97/H/28/1 dated 23-10-97, are eligible to become members of the Scheme but are not actually enrolled are also entitled for grant of Fixed Medical Allowance. Pensioners/family pensioners who possess RELHS card & avail OPD facility are NOT entitled for Fixed Medical Allowance, whereas those who possess RELHS card but do not avail OPD facility (except in cases of chronic diseases, as defined in Board's letter No.2006/H/DC/JCM dated 12-10-2006) are entitled for Fixed Medical Allowance.
3. Further, FMA and arrears of FMA would continue to be paid, as earlier, to pensioners/family. pensioners only after submission of the enclosed undertaking form to the Pension Disbursing Authority (PDA) thereby implying that fulfilment of the following two conditions is mandatory for becoming admissible for FMA:-
(i) the pensioner/family pensioner is residing beyond 2.5 kms from the nearest health unit;7 O.A.No. 260/00634 of 2022
(ii) the pensioner/family pensioner is not availing the facility of OPD (except in cases of chronic diseases as mentioned in para 2 above).
6. This Tribunal taking into account the above rules while allowing OA No. 40/2022 had passed following orders:
9. Bare perusal of the above order makes it clear that actual enrolment under Health Scheme is not mandatory for grant of FMA. It is also abundantly clear from para 3 of the above quoted RBE No. 168/2009 that FMA and FMA arrears would continue to be paid to pensioners/family pensioners only after submission of the undertaking form to the Pension Disbursing Authority thereby implying that fulfilment of two conditions i.e. pensioner/family pensioner is residing beyond 2.5 km from the nearest health unit and the pensioner/family pensioner is not availing the OPD facility are mandatory for becoming admissible to FMA.
10. In case of the applicant the respondents should have looked at only those two conditions to see if she is eligible to FMA and if found eligible she not only is eligible to get FMA but arrears of it too. The respondents insistence on her being part of any scheme for eligible to FMA is found illegal and without due application of mind.
Therefore the impugned order is quashed and set aside. The respondents are directed to grant fixed medical allowance in respect of the applicant from the date which she was sanctioned family pension.
11. The OA is accordingly allowed. No costs.
7. There is no doubt about the fact that the Fixed Medical Allowance is a benevolent scheme of the Railways meant for the eligible pensioners/family pensioner, which came into effect vide 8 O.A.No. 260/00634 of 2022 Railway Board's letter No. PC-V/98/1/7/1/1 dated 21.04.1999. Since, the husband of the applicant died on 29.07.1999 and the applicant was sanctioned family pension vide PPO No. Pen/SE/KGP/BK-10/P-102/PF/SE/14155 dated 29.12.2004, the applicant was entitled for the Fixed Medical Allowance subject to her eligibility. It is also not the case of the respondents that the applicant was intimated about the Scheme but she deliberately did not opt for the same rather it is the case of the applicant that she was never informed about such scheme. However, since in similar cases, this Tribunal has already granted relief to similarly situated applicant, in view of the facts and law discussed above, this Tribunal is of the considered opinion that the applicant is entitled to grant of Fixed Medical Allowance from the date of her eligibility. Accordingly, respondents are directed to grant her Fixed Medical Allowance along with arrears from the date she was eligible within a period of 90 days from the date of receipt of a copy of this Tribunal.
8. For the discussions made above, the OA is allowed with no order as to costs.
(Pramod Kumar Das) (Sudhi Ranjan Mishra) Member (Admn.) Member (Judl.) RK/PS